Statements of pure opinion are not actionable as defamation, as they do not imply facts capable of being proven true or false. Qureshi v. St. Barnabas Hosp. Ctr., 430 F. Supp. 2d 279, 288 (S.D.N.Y. 2006); Cochran v. NYP...more
In the age of group chats and rumor mills, telling even one person a damaging rumor can unleash consequences far beyond the intent of the original conversation. But when does gossip cross the legal line?...more
The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation for bad or dishonest behavior may not recover....more
Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more
On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code....more
On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection....more
3/21/2025
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyrightable Subject Matter ,
Entertainment Industry ,
Intellectual Property Litigation ,
Motion to Dismiss ,
Movies ,
The Copyright Act ,
Tortious Interference ,
Unfair Competition
On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more
The United States Court of Appeals for the Eleventh Circuit recently affirmed dismissal of a trademark infringement lawsuit against the producers of MTV Floribama Shore in MGFB Properties, Inc. v. Viacom Inc., 54 F.4th 670...more
A federal district court judge in the Central District of California recently dismissed a choreographer’s claims against Epic Games Inc. (“Epic Games”) arising out of Epic Games’ alleged use of his dance moves in its...more
A Michigan State Court recently dismissed claims against Euclid Media Group, the parent company to several media properties, including Deadline Detroit, Inc. (“Deadline”), for publishing articles about a Plaintiff’s...more
The United States Court of Appeals for the Third Circuit recently upheld the federal cyberstalking statute against a constitutional challenge. See United States v. Ho Ka Yung, 37 F.4th 70 (3d Cir. 2022). The Third Circuit...more
On June 3, 2022, the Ninth Circuit Court of Appeals held that an Arizona district court erred in dismissing a defamation suit for lack of personal jurisdiction. The suit was brought by an attorney against three Catholic...more
More than two years have passed since the tragic helicopter crash that killed basketball player Kobe Bryant, his daughter Gianna Bryant, and all others on board the January 26, 2020 flight. Since that time, several cases...more